Zale Corporation v. Rosenbaum

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, where due diligence is raised, \the limitation defense is not conclusively established until the movant meets his burden of negating the applicability of [this] issue[]\
• holding that, where due diligence is raised, “the limitation defense is not conclusively established until the movant meets his burden of negating the applicability of [this] issue[]”
• holding plaintiff had burden of proof on application of discovery rule to defendant = s statute-of-limitations defense
• party moving to dismiss suit on ground that petition was filed but not served within applicable limitations period must conclusively establish that ground
• movant for summary judgment on basis of limitations could not prevail where plaintiff raised applicability of suspension statute and movant failed to negate statute's applicability
• requiring plaintiff merely to plead diligence

Source: CourtListener parenthetical corpus (CC0).